IN RE:  IMPROVING ACCESS                                                    

TO THE COURTS COMMITTEE                                     

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ORDER APPROVING FORMS

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The Idaho Supreme Court having received a recommendation from the Access to the Courts Committee recommending a set of new forms for use in family law and also requesting an amendment to the form development policy permitting the Standard Forms Committee to make periodic revisions of forms already approved by the Court; and the Court being fully informed;

NOW, THEREFORE, IT IS HEREBY ORDERED, that the attached forms (Exhibit “A”) titled (1) CAO 2-1X Generic Acknowledgment of Service (replaces CAO 2-1B), (2) CAO 5-8  Motion to Stop Income Withhold, (3) CAO 5-9 Notice of Hearing-Motion to Stop Income Withholding, (4) CAO 5-10 Order Stopping Income Withholding, (5) CAO 7-4 Affidavit for Default Decree (No Children), (6) CAO 7-4A Affidavit for Default Decree (Children), (7) CAO 17-1 Petition for Minor to Marry, (8) CAO 17-2 Physician Statement-Petition for Minor to Marry, (9) CAO 17-3 Order for Minor to Marry, (10) I.C. 15-3-1201 Affidavit Collecting Personal Property of Estate,  (11) CAO Inst. 1 Divorce, (12) CAO Inst. 1A Checklist Default Divorce Forms and Instructions, (13) CAO Inst. 5B Finalizing Custody or Modification Case, (14) CAO Inst. 6B Filing for Modification H & W is Party, (15) CAO Inst. 9A Hearing Script (Children), (16) CAO Inst. 9B Hearing Script (No Children), (17) CAO Inst. 10A Default Divorce Checklist (Children), (18) CAO Inst 10B

Default Divorce Checklist (No Children), (19) CAO Inst.11 Rules for Filing Court Documents, (20) CAO 12 Guidelines for Courtroom Behavior, (21) CAO Inst. 14 Outline Criminal Trial, (22) CAO Inst. 16 Enforcing Another State’s Custody Order, (23) CAO Inst. 18 Computer Basics for Completing CAO Forms, and (24) CAO Inst. 26 Q&A Child Support in Idaho are adopted for statewide use and distribution through Court Assistance Offices and on the Court’s website.  Although these forms may vary slightly from the strict requirements of the Idaho Rules of Civil Procedure, they are nevertheless approved for use in all counties of the State while amendments to the Rules of Civil Procedure are considered.  These forms can be completed by hand, neatly printed in black ink, and by checking boxes.  They are not required to be typewritten, nor are they required to be completed on a computer.  Until further order of this court, the forms listed on Exhibit A shall be accepted by courts and clerks, subject to the right of a judge to refuse to accept a form when, through a change in the substantive law, the form has become out of date or inappropriate.   The local court shall not require modifications of these forms; and

IT IS FURTHER ORDERED, that the attached form development policy (Exhibit “B”) shall be amended to permit the Standard Forms Committee to make periodic revisions of forms already approved by the Court.

IT IS FURTHER ORDERED, that the effective date of this order shall be immediately.

Dated this __23___ day of ___February______________, 2005.

 

By Order of the Supreme Court

 

/s/____________________________

Gerald F. Schroeder, Chief Justice

ATTEST:

 

/s/___________________________

Stephen W. Kenyon, Clerk